Questions and Answers > EB-5 Forms

How does traveling on an H visa affect the pending travel permit of an EB-5 applicant?

I am on an H-1B visa and my dependents are on H-4. After filing my EB-5 petition and concurrently filing for adjustment of status, if any of us travels overseas, do we abandon any or all portion of change of status? Does traveling on an H visa abandon travel permit application, being a dual-intent visa? Or will it be rejected/considered abandoned regardless of visa class of travel?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on December 12, 2022

  If you have a valid H-1B visa, you can travel abroad while the adjustment is pending.

• Lynne Feldman

  Immigration Attorney

  Answered on December 8, 2022

  Traveling on H-1B or H-4 with visa to return is fine but then any pending advance parole filing will be denied. The permanent residency cases will continue.

• Dennis Tristani

  Immigration Attorney

  Answered on December 5, 2022

  H-visas are dual-intent visas. U.S. immigration law confirms that traveling internationally and returning in H-1/H-4 status (with valid H visa) does not cause the abandonment of the adjustment of status application, even if the travel occurs before advance parole permits are issued.